药品回扣的多重性思考

药品回扣是市场经济发展过程中的不和谐因素,它的产生有着多方面的原因,在发达的资本主义国家同样存在,它在中国的泛滥不能单从中国医生的职业道德上来探讨。药品回扣产生于市场经济社会中,因而它的产生有其深层次的经济性原因。人的私欲是人性之一,药品回扣的利益瓜分就是这种私欲的最直接的表现。医疗的公益性决定了药品回扣的消除只能以利治利,加大公共财政投入。同时,健全相应的医疗制度,在法律规制下铲除药品回扣这一社会毒瘤。     

当前我国吸毒问题的特点、原因及对策

毒品违法犯罪最终都是围绕着毒品消费(吸毒)而展开的,吸毒既是毒品违法犯罪的一种,又是包括毒品违法犯罪在内的其他违法犯罪发展蔓延的重要推手。当前我国的吸毒人员以无业的男性青少年为主,吸食毒品类型以传统毒品为主,但吸食新型毒品现象发展蔓延迅速;诱发吸毒原因十分复杂,有习惯因素,也有误信其助兴、减肥、提神、治病等功效的因素;预防和控制吸毒是当前维护社会治安稳定的一项重要工作,需要加大宣传和打击管控力度及强化社区帮教、加大禁毒科技投入等多策并举综合治理。     

Effects of Drug Treatment Units in Swedish Prisons

This article presents the findings from an evaluation of the care provided at treatment units for drug abusers in Swedish prisons. A total of 741 inmates who were placed in prison treatment units in 2006 are compared with individuals with whom they were matched on the basis of their statistical risk for reoffending, and who served prison terms during the years 2001–2002. Half of the inmates in the treatment group were placed in units working with a 12-step programme, while the remainder were placed in treatment units employing cognitive programmes. The study shows positive results with respect to reoffending. The greatest differences were found in the following subgroups: males, inmates who were at least 30 years of age, those who completed their stay in a treatment unit, and those who had spent at least 4.5 months in a treatment unit.     

毒品犯罪中＂主颜明知＂的推定

由于毒品犯罪的特殊性,对毒品犯罪案件中行为人“主观明知”的认定一直以来都是司法实践中的一个难点。为了有效解决“主观明知”认定这一困境,司法实务界已经认同在毒品犯罪的审理中可以适用“主观明知”的推定。但是,必须严格控制“主观明知”推定的适用条件和运用规则,避免其成为司法人员肆意利用自由裁量权的保护伞,造成冤假错案的出现。     

美国毒品犯罪案件的侦查

在美国 ,毒品问题已成为危害社会安定的重要因素 ,美国社会中的暴力犯罪绝大多数与毒品买卖和滥用毒品有关 ,美国社会因毒品造成的经济损失十分巨大 ,毒品交易每年达 760亿美元。美国警察侦查毒品的主要措施有 :现场拘捕、监视、设计买卖毒品的警察圈套 (控制不交付 )、毒品搜查等 ;以及毒品案件侦查的辅助手段、侦查毒品加工厂时警察面临的危险和注意事项、缉毒的合作机构 ,对毒资的没收等问题     

Carbon and nitrogen stable isotopes as indicative of geographical origin of marijuana samples seized in the city of São Paulo (Brazil)

The drug trafficking is one of the most serious problems related to the Public Safety in Brazil, especially in the most populous areas of the country, as is the case of the city of São Paulo. In this work, it was developed a methodology that can help tracking the traffic routes of marijuana samples seized in the city of São Paulo, based on stable carbon and nitrogen isotopes, which are related to the climate and plant growth conditions. A model to classify the origin of unknown samples was built using linear discriminant analysis based on about 150 samples apprehended in the main producing regions of the country. Results for 76 samples seized in the city of São Paulo showed that most of them were cultivated in a humid region with the same origin as those from Mato Grosso do Sul. The provenance of 13 outliers samples from Northeast region (an important producing region) also were evaluated and some of them presented same profile of those from Mato Grosso do Sul, pointing to the existence of the traffic routes between the Northeast and Midwest region, probably as a consequence of the intensive field raids by Brazilian Federal Government since 1999.     

Differences in the Validity of Self-Reported Drug Use Across Five Factors: Gender,Race, Age,Type of Drug,and Offense Seriousness

This study expands our knowledge about the validity of self-reported drug use by examining how gender, race, age, type of drug, and offense seriousness interact to affect the validity of self-reported drug use. This study also provides a conceptual framework that can be used to examine the validity of self-reported drug use. Differences in the validity of self-reported drug use are explained by examining differences in underreporting and overreporting. Differences in underreporting and overreporting are then further examined while controlling for differences in base rates of drug use. As shown, whether one controls for base rates of use may drastically affect estimates of underreporting and overreporting. By using hierarchical loglinear, logit, and logistic regression models with the Drug Use Forecasting data, we show that Black offenders provide less accurate self-reports than White offenders. Black offenders do so because they are more likely to underreport crack/cocaine use than White offenders. This difference, however, disappears once differences in base rates are controlled. A Black offender who tests positive is not more likely to underreport crack/cocaine use than a White offender who tests positive. Black offenders are also more likely to overreport both marijuana and crack/cocaine use relative to White offenders. Contrary to the first, this difference is not attributable to a difference in base rates. Methodological and substantive implications of this distinction are discussed. No differences across gender, age, or offense seriousness were found.

Illicit payments for illicit goods: noncontact drug distribution on Russian online drug marketplaces

The distribution or consumption of traditional drugs has become the subject of stringent penalties throughout most of the world and synthetic designer drugs have become the alternative. Novel psychoactive substances, also called ‘legal highs’, are highly varied in terms of chemical composition. These substances are advertised and distributed as an alternative to traditional drugs on the Internet, making identification of new substances and enforcement difficult. For this article, we downloaded and analysed 28 Russian-language online drug marketplaces which distribute traditional and novel psychoactive substances. All marketplaces used a noncontact drug dealing method where the seller and the buyer communicate through the Internet to arrange for payment and delivery of drugs without meeting face-to-face. Geographic information, price, amount, substance type and payment method data were extracted. Findings indicate such marketplaces are able to operate due to the ability of their clients to pay anonymously with the virtual currencies – Qiwi and Bitcoin.     

Excessive Uniformity in Federal Drug Sentencing

The ideal of fair and proportionate punishment was a major impetus for federal sentencing reform. Observers of the current federal drug sentencing regime contend that the sentencing guidelines and mandatory minimums lead to the problem of “excessive uniformity” in which offenders of widely differing culpability receive similar sentences due to the dominance of drug quantity as a sentencing factor. This study investigates this phenomenon using the 1997 Survey of Inmates in Federal Correctional Facilities. Controlling for relevant offense, offender, and case processing variables, the analysis finds that the quantity-driven sentencing fails to account for important differences in offender culpability—resulting in excessively uniform sentences for offenders with highly dissimilar roles in the offense. The main policy implication of this research is that the central, organizing role of drug quantity in federal drug sentencing needs to be rethought. Indeed, effectively dealing with the problem of excessive uniformity will likely require the wholesale restructuring of how federal sentences for drug offenders are determined.

药品说明缺陷的法律分析

文章根据产品责任法理论阐述了药品缺陷的含义以及我国对药品说明的有关规定;并根据药品的特殊性,深入分析了药品说明缺陷的判断因素,以及认定药品说明缺陷的注意问题,有助于药品生产者、经营者、医师、药师等在产品和医疗服务中规范行事。提出在司法实践中,要确认生产者、销售者或医师是否存在说明缺陷,应对药品的说明对象、说明方式以及说明时间、说明的充分性以及对明显或众所周知的危险进行警告等方面进行综合考虑评估。